Arjun Giri v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6789 of 2016 ====================================================== Arjun Giri, Son of Deo Narayan Giri, Resident of Village - Rampur Khoram, P.S. - Marhawarh, District - Saran Chapra.

... ... Petitioner/s

Versus

1.

The Union Of India through the Principal Secretary, Home Department Government of India, New Delhi.

2.

The Secretary, Prime Minister's Office, Home Department, Govt. of India, New Delhi.

3.

The State of Bihar, through the Principal Secretary, Home Department, Govt. of Bihar, Patna.

4.

The Secretary, Disaster Management and Rehabilitation, Govt. of India, New Delhi.

5.

The District Magistrate, Saran at Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Giri, Adv.

For the U.O.I.

:

Mr. Awadhesh Kumar Pandey, Sr. C.G.C.) Mr. R. K Sharma, (C.G.C.) Mr. Lokesh, Adv.

For the State :

Mr. Piyush Kumar Pandey, AC to Sc-11.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 31-07-2025 Learned counsel for the petitioner, learned counsel appearing for the Union of India and learned counsel for the respondent-State are present.

2. Learned counsel appearing for the petitioner file physical copy of the rejoinder of the reply to the counter affidavit filed on behalf of the Union of India. The said is taken on the record.

3. The present writ application has been filed for issuance of writ of mandamus to the respondent to provide ex-

Patna High Court CWJC No.6789 of 2016(5) dt.31-07-2025 2/3 gratia grant to the petitioner whose sons namely, Awadh Bihari Giri and Ras Bihari Giri are said to have been killed by NDFB (SONGBIJIT) group extremist on 07.01.2014 at Athiabari village, District- Kokrajhar in Assam.

4. Learned counsel appearing for Union of India submits that the present writ application is not maintainable because prior to approaching this Court, the petitioner has not filed any representation before the Principal Secretary, Home Department Government of India, New Delhi, for redressal of his grievance. The learned counsel appearing for the petitioner submits that he is ready to withdraw the present writ application, if this Court will grants liberty to the petitioner to file a detailed representation before the Principal Secretary, Home Department Government of India. To this prayer made by the learned counsel for the petitioner, the learned counsel appearing for the Union of India and respondent-State do not have any objection.

5. As prayed for this case is dismissed as withdrawn granting liberty to the petitioner to file a detailed representation before the Principal Secretary, Home Department Government of India for claiming the relief which he has claimed in the present writ application. This representation must be filed within

Patna High Court CWJC No.6789 of 2016(5) dt.31-07-2025 3/3 one month from today and if such a representation is filed by the petitioner the same shall be disposed of on merit by passing a reasoned and speaking order within a further period of six months.

6. With the aforesaid observation and direction the present writ application is dismissed as withdrawn with liberty as aforesaid. All pending I.As, if any shall be deemed to have been disposed of.

(Alok Kumar Sinha, J) Rajiv/- U